Official sourceslegislation.mt · EUR-Lex
Europaius

Chapter 324 – Ministers (Delegation of Functions) Act

What is this act about?

This law allows Ministers to transfer their official duties to Parliamentary Secretaries. It ensures that these delegated duties can still be performed by the Minister and outlines how such delegations must be made and publicized.

Who it applies to: Ministers holding an office under article 80 of the Constitution; Parliamentary Secretaries assisting Ministers.

At a glance

Country
Malta
Area of law
Other legislation
Articles
5
Source
legislation.mt
Text retrieved
Explanation updated

What does this act regulate?

  • The delegation of functions from Ministers to Parliamentary Secretaries.
  • The legal implications of such delegations, including the ability to sue or be sued.
  • The process for making and publicizing these delegations.
  • The scope of delegated powers, including the ability to revoke, amend, or vary orders, rules, or regulations.

Who does this act apply to?

  • Ministers holding an office under article 80 of the Constitution.
  • Parliamentary Secretaries assisting Ministers.

What are the key points?

  • A Minister may delegate any functions conferred on them by or under any law to a Parliamentary Secretary assisting them.
  • Delegation of functions does not prevent the Minister from still exercising those functions.
  • Delegations must be made in writing under the Minister's hand and published in the Gazette.
  • A Parliamentary Secretary can sue or be sued regarding functions delegated to them.

Other legislation

8

Other legislation

Legal text

Legal text
Contents (5)
  1. Art. 1
  2. Art. 2
  3. Art. 3
  4. Art. 4
  5. Art. 5

MINISTERS (DELEGATION OF FUNCTIONS)

CHAPTER 324

MINISTERS (DELEGATION OF FUNCTIONS) ACT To enable Ministers to delegate functions of their office to Parliamentary Secretaries. (20th May, 1988)* Enacted by ACT XVI of 1988.

Art. 1

This Act may be cited as the Ministers (Delegation of Functions) Act.

Art. 2

In this Act, unless the context otherwise requires - Short title.

Interpretation. "functions" includes powers and duties; "law" means an Act of Parliament or other Act passed by the Legislature of Malta or an Ordinance; "Minister" means the holder of an office under article 80 of the Constitution.

Art. 3

3.(1) A Minister may delegate to a Parliamentary Secretary assisting him in the performance of his duties, any functions which in virtue of his office are conferred on him by or under any law.

Delegation of functions.

(2)A delegation of functions under this article shall be without prejudice to the exercise of those functions by the Minister.
(3)The power so delegated to make orders, rules or regulations shall, unless the contrary intention appears, be construed as including a power to revoke, amend or vary orders, rules or regulations.

Art. 4

Every delegation of functions and any addition to, or amendment, variation, substitution or rescission of such delegation shall be made in writing under the hand of the Minister, and notice thereof shall be published in the Gazette.

Notice of delegated functions.

Art. 5

A Parliamentary Secretary may sue or be sued in respect of any functions delegated to him under this Act, and may continue any legal proceedings commenced in respect of those functions before the date when the delegation is made.

Legal proceedings. *See Government Notice No. 370 of the 20th May, 1988.

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.